Brown v. Berryhill
Filing
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ORDER re parties' 10 Stipulated Motion to Remand. It is hereby ORDERED that the above-captioned case be REVERSED and REMANDED for further administrative proceedings. Signed by Judge Richard A. Jones. (TH)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TACOMA DIVISION
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JEFFEORY S. BROWN,
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Plaintiff,
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vs.
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Civil No. 3:18-CV-05141-RAJ
PROPOSED ORDER
COMMISSIONER OF SOCIAL SECURITY,
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Defendant.
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Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned
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case be REVERSED and REMANDED for further administrative proceedings pursuant to
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sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council will direct the
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Administrative Law Judge to hold a de novo hearing, conduct a complete, new sequential
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evaluation of Brown’s disability, and issue a new decision.
The ALJ shall provide a new evaluation of all of the evidence, including the medical
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evidence, testimony, and lay evidence. The ALJ shall make new findings at step two and step
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three, and if the ALJ proceeds beyond step three in his or her disability determination, the ALJ
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shall reassess Brown’s residual functional capacity and shall make a new step four finding and, if
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ORDER - [3:18-CV-05141-RAJ]
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necessary, a new step five finding. In addition, the ALJ shall obtain new vocational expert
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testimony, as necessary.
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Prior to the hearing, the ALJ shall, if necessary, obtain physical and mental consultative
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examinations of Brown.
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The parties agree that no specific aspect of the Commissioner’s final decision is affirmed.
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Upon proper application, Brown shall be eligible for attorneys’ fees under the Equal
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Access to Justice Act, 24 U.S.C. § 2412 et seq.
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DATED this 25th day of October, 2018.
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A
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The Honorable Richard A. Jones
United States District Judge
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ORDER - [3:18-CV-05141-RAJ]
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